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255 18. PRORATIONS AND SPECIAL ASSESSMENTS: Insurance, if assigned to Buyer, interest on any debt assumed or
<br />256 taken subject to, any rents, all other income and ordinary operating expenses of the Property, including but not
<br />257 limited to, public utility charges, shall be prorated as of the day immediately prior to the Closing Date. Seller shall
<br />258 pay any special assessments applicable to the Property for municipal improvements previously made to benefit the
<br />259 Property. Seller warrants that Seller has no knowledge of any planned improvements which may result in
<br />260 assessments and that no governmental or private agency has served notice requiring repairs, alterations or
<br />261 corrections of any existing conditions. Public or municipal improvements which are not completed as of the date
<br />262 above but which will result in a lien or charge shall be paid by Buyer. Buyer will assume and pay all special
<br />263 assessments for municipal improvements completed after the date of this Agreement.
<br />264
<br />265 19. TIME: Time is of the essence. Time periods specified in this Agreement and any subsequent Addenda to the
<br />266 Purchase Agreement are calendar days and shall expire at 11:59 PM of the date stated unless the parties agree in
<br />267 writing to a different date and/or time.
<br />268
<br />269 Note: Seller and Buyer have the right to withdraw any offer /counter offer prior to written acceptance and
<br />270 delivery of such offer /counter offer.
<br />271
<br />272 20. HOMEOWNERS ASSOCIATIOWCONDOMINIUM ASSOC I 71,0% Documents for a mandatory membership
<br />273 association shall be delivered by the Seller to Buyer within ays after acceptance of this Agreement. If the
<br />274 Buyer does not make a written response to the documents within —M days after receipt, the documents shall
<br />275 be deemed acceptable. In the event the Buyer does not accept the provisions in the documents and such
<br />276 provisions cannot be waived, this Agreement may be terminated by the Buyer and the earnest money deposit shall
<br />277 be refunded to B� promptly. Any approval of sale required by the Association shall be obtained by the Seller, in
<br />278 writing, within days after Buyer's approval of the documents.
<br />279 Buyer acknow gas that In every neighborhood there are conditions which others may find objectionable.
<br />280 Buyer shall therefore be responsible to become fully acquainted with neighborhood and other off -site
<br />281 conditions that could affect the Property.
<br />282
<br />283 21. ATTORNEY'S FEES: Any party to this Agreement who is the prevailing party in any legal or equitable proceeding
<br />284 against any other party brought under or with relation to the Agreement or transaction shall be additionally entitled
<br />285 to recover court costs and reasonable attorney's fees from the non - prevailing party.
<br />286
<br />287 22. MISCELLANEOUS:
<br />288
<br />289 A. Unless otherwise provided, any prorations for rent, taxes, insurance, damage deposits, association
<br />290 dues /assessments, or any other items shall be computed as of the day immediately prior to the Closing Date.
<br />291
<br />292 B. Underground mining has occurred in Indiana, and Buyers are advised of the availability of subsidence
<br />293 insurance.
<br />294
<br />295 C. The Indiana Sheriffs Sex Offender Registry (www.indianasheriffs.org) exists to inform the public about the
<br />296 identity, location and appearance of sex offenders residing within Indiana. Broker is not responsible for
<br />297 providing or verifying this information.
<br />298
<br />299 D. Conveyance of this Property shall be by general Warranty Deed, or by
<br />300 subject to taxes, easements, restrictive covenants and encumbrances of record, unless otherwise agreed.
<br />301
<br />302 E. Seller represents and warrants that Seller is not a "foreign person" (individual entity) and, therefore, is not
<br />303 subject to the Foreign Investment in Real Property Tax Act.
<br />304
<br />305 F. Any notice required or permitted to be delivered shall be deemed received when personally delivered,
<br />306 transmitted electronically or digitally or sent by express courier or United States mail, postage prepaid,
<br />307 certified and return receipt requested, addressed to Seller or Buyer or the designated agent of either party.
<br />308
<br />309 G. This Agreement shall be construed under and in accordance with the laws of the State of Indiana and is
<br />310 binding upon the parties' respective heirs, executors, administrators, legal representatives, successors, and
<br />311 assigns.
<br />312
<br />313 H. In case any provision contained in this Agreement is held invalid, illegal, or unenforceable in any respect, the
<br />314 invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement.
<br />315
<br />316 I. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior
<br />317 understandings or written or oral agreements between the parties' respecting the transaction and cannot be
<br />318 changed except by their written consent.
<br />319
<br />320 J. All rights, duties and obligations of the parties shall survive the passing of title to, or an interest in, the
<br />321 Property. o v,y. !4 J-T• % 6 6
<br />(Property Address)
<br />Page 5 of 7 (Purchase Agreement)
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